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<br /> I�IISCELLANEOUS RECORD W
<br /> 39289-TNEIIUGUSTINECO.CRANOISLANU,NEBR. ,.
<br /> thence deflecting 91° OSt to the left and running �outherly along the west line of the public
<br /> roadwap, 672.5 feet, to the northwesterlq right-of�ay line of Federal State Highway No. 30; thence
<br /> deflecting �S° 17t to the right and running southwesterly along the said right-oe�ray line of
<br /> Federal State Highwap No. 30, a distance of 644.2 feet, to a point of curvature, whfch point is the
<br /> actual point of be�inning; thence deflecting 90° OOt to the right and runni.ng northwesterly
<br /> 175.0 feet; thence deflecting 90° 00� to the left and running southwesterlp 100.0 feet; thence
<br /> deflecting 90� OOf to the left attd runnic�g soatheasterly 173.7 feet to a point,on the north-
<br /> westerly right-of-�rap line of Federal State Highway No. 30; runn3ng thence northeasterly along
<br /> the said right-of-way line of Federal State Highwap No. 30, being on a circular curve of 2824.93
<br /> feet radius, a distance of 100.00� :feet to the actual point of beginning; containing 0.40 acres;
<br /> more or less.
<br /> AND WHEREAS, the said �.essee dees desire in connection with its business as a public Karehouseman to
<br /> lease the premises above described.
<br /> NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the pa.rties
<br /> hereto covenant and agree as �ollaws:
<br /> 1. The Lessor hereby leases to the Lessee all af its right, title and interest in the above described
<br /> premfses for a period beginning May 21st 1951 and terminating October 31st 1953.
<br /> 2. The Lessee hereby hires and takes said premises from the Lessor fur the period above set forth,
<br /> and agrees to pay as rental therefor the swn of One Dollar ($1.0�1) and other good and valuable consideratiot�
<br /> the receipt uf which is herebp acknowledged by the Lessor.
<br /> 3. The Lessee, its agents, servants, and employees, shall have the right at all times of fr�e ingress
<br /> to and egress from said leased premises, through or over any other premises of the Lessor, Lessee shall
<br /> also have the right to plaee and maintain its signs in and upon said premises, and on the property stored
<br /> therein, to advertise to and serve as notice to the public that said leased premises shall be oper�.ted as a
<br /> warehouse during the period of this lease. The Lessee shall also have the right to the free t�e of all of
<br /> the Lessor�s facilities for handling, storing, Weighing, preserving, packing and shipping the property
<br /> stored therein. The Lessee is to have sole custody and control of the leased premises and shall have the
<br /> ri�ht, as a public warehouseman, to receive into storage on the leased premises �oods, wares, and merchandis�e
<br /> and issue its warehouse receipts therefor. It is expressl� tuiderstood and agreed that the Lessor shall not
<br /> hava access to the leased premises without the permission of the Lessee, or its Agent, acxl the Lessor shall
<br /> exercise no control uf any kind or nature whatsoever over property on which warehouse receipts have been
<br /> issued.
<br /> 4. The Lessor �+arrants said premises to be suitable for the purpose for which they are intended to °be
<br /> used, and agrees, at its a+m expense, to keep said leased premises and all apparatus installed therein in
<br /> constant good repair and order, and to maintain the premises at a proper temperature to protect aiul pre-
<br /> serve the goods stored therein; and to protect, indemnify, and hold harmless the Lessee against all claims
<br /> � for loss or damage of any kind or nature to the goods stored therein, or thereon, which may occur or take
<br /> place throu�h`: the failure of the Lessor to maintai.n such repair�, order and proper te�perature, or �ra�
<br /> anp other cause whatsoever.
<br /> 5. The Lessor agrees tv furnish adequate lighting for the leased premises and to pap for all heax, li�ht,
<br /> pawer, water, steam, or other utility supplied to the premises during the period of the lease. Lessor fur-
<br /> ther agrees to pap all tax�s or assessments that have been or map be hereafter levied againat said premises.
<br /> 6. This lease may be terminated by either party by giving a thir�� (30) day Written notice to this
<br /> effect to the other party. Hawever, it is expressly agreed that in case the Lessee shall have issued and
<br /> there be outstanding warehouse receipts on any gouds stored in the leased premises, under no cfrcu�astattces
<br /> shall this lease be tera�inated until all�such warehouse receipts have been surrendered to the Lessee for
<br /> cancellation, and until Lessor shall have paid Lessee all eharges and advances due or o�wing said Lessee by
<br /> said Lessor.
<br /> ?. The Lessor a�rees to protect, indemnifp and hold har�less the Lessee fro� all ciafms and de�ands of
<br /> everq person or persons whatsoever, either for in3ury or damage or claims thereof, to person or to prop-
<br /> erty, npon account of anpthing whatsoever occurring in or about the leased premises or arising out of the
<br /> use and occupancy thereof by the Lessee.
<br /> 8. Should the Lessor, at any time, or in any manner, violate anp of the terms or conditions of th is
<br /> lease, or becc►�e insolvent, or in any mainer interfere with or make difficult the duties of Lessee�s agents,
<br /> custodians, or employees; or shonld the leased premises beco�e involved fn any manner in litigation; or
<br /> shoUld the Lessor or the Lessee be e3ected or ousted therefr�, or should proceedings be begun for that
<br /> purpose; ar should the Lessee at any time deem it necessary for the protection of its interest or the prop-
<br /> erty stored, then the Lessee shall have the right �o remove all the property from the premises leased herein
<br /> to such other place or places as the Lessee may deem expedient or proper; and in case of any such re�oval
<br /> the Lessor undertakes and agrees to pay the Lessee all expenses of such removal and of storing said prop-
<br /> , erty e1,�ewhere, including insurance costs and attorneyts fees, until the return and surrender of all out-
<br /> standing Marehouse receipts praperlp endorsed for delivery, and tuitil such delivery shall have been c anp�e�ed,
<br /> and alI gayments herein referred to made.
<br /> 9. The Lessor warrants and guarantees the peaceful possession of said premises by the Lessee and
<br /> agrees to execute or cause to be executed any further agreement or agr�ements that may be necessasf .to
<br /> secure the convenient use and enjoyment of the leased premises by the Lessee. .�
<br /> IN WITNESS WHEREOF, We have hereunto set our hands and seals.
<br /> WITNFSSED BY (CORP) ST. PAUL TERMINAL WAREHOUSE C0. (Lessee)
<br /> (SEAL)
<br /> Marion HarweY � By R. C. Schall Vice Presid�at
<br /> Marion Harvey R. C. Schall SEAL
<br /> Janet L. Hanson By F. A. Scherer Asst. Secretary
<br /> Janet L. Hanson F. A. Scherer
<br /> Haward Stearns, operating as Rain Chief
<br /> L. H. Wubben Irrigation Enginnerin� Co. (Lessor)
<br /> L. H. Wubben
<br /> By Haward Stearns
<br /> Lida Dietz Hcrirard Stearns
<br /> Lida Dietz
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